Kaushlendra Kumar @ Kaushal kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Kaushlendra Kumar @ Kaushal kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted; petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Telmar P.S. Case No. 43 of 2024.

Issue for consideration

Whether petitioner Kaushlendra Kumar @ Kaushal kumar should be granted bail in connection with Telmar P.S. Case No. 43 of 2024, instituted for the offences under Section 394 of IPC and Section 27 of the Arms Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court granted bail to the petitioner despite counsel-reported criminal antecedents.

Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Telmar P.S. Case No. 43 of 2024.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.), Oral Order dt. 28-04-2025, Criminal Miscellaneous No.4717 of 2025, arising out of Telmar P.S. Case No. 43 of 2024, District Nalanda. Petitioner Kaushlendra Kumar @ Kaushal kumar, booked under Section 394 of IPC and Section 27 of the Arms Act for an alleged motorcycle robbery of jewellery and cash in which the informant was fired upon, was released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each. Counsel submitted that the petitioner was not named in the F.I.R.; his name transpired through the confessional statement of co-accused Azad Kumar; no incriminating article was recovered from his conscious possession; the specific accusation of firing upon the informant rests against co-accused Saurav Kumar; and the petitioner had been in custody since 31.07.2024 with two criminal antecedents. The State (A.P.P. Yogendra Kumar Singh) opposed the prayer; the Court granted bail considering the facts, circumstances and the period of custody undergone.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4717 of 2025

Arising Out of PS. Case No.-43 Year-2024 Thana- TELMAR District- Nalanda

======================================================

Kaushlendra Kumar @ Kaushal kumar S/O Ajay Kumar @ Arun Kumar R/O village - Kaushiknagar, Hilsa, P.S- Hilsa, District- Nalanda

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 28-04-2025

Heard learned counsel for the petitioner and learned

APP for the State. Perused the case diary.

The petitioner seeks bail in connection with Telmar P.S. Case No. 43 of 2024 instituted for the offences under Section 394 of IPC and Section 27 of the Arms Act.

Prosecution case, in short, is that three unknown miscreants came on a motorcycle, stopped the informant and looted jewellery and cash. It is further alleged that one of the accused persons fired upon the informant.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Azad Kumar. No incriminating article has been

Patna High Court CR. MISC. No.4717 of 2025(3) dt.28-04-2025 2/2

recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that as per the material available in the case diary, there is specific accusation of firing upon the informant against the co-accused Saurav Kumar. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.07.2024 and has two criminal antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Telmar P.S. Case No. 43 of 2024.

(Rudra Prakash Mishra, J)

Alok Verma/-

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